What is the test for a claim that a drunk driver's motive for driving a police car was an "attempt to escape" under section 845.8 of the Penal Code?

Citing to definitions in several Penal Code sections, plaintiff in her reply brief asserts that the driver was not "escaping" under the meaning of section 845.8. She reasons that it was difficult to discern a drunk driver's motive for driving a police car. She argues his motive could have been "an alcohol addled curiosity about the experience of driving a police vehicle," instead of an attempt to escape. Because this argument is raised for the first time in the reply brief, it is untimely and is therefore waived. (Neighbors v. Buzz Oates Enterprises (1990) 217 Cal.App.3d 325, 335, fn. 8.) There are several other reasons, however, why we reject plaintiff's argument. First, plaintiff did not plead such matters and the argument is nothing more than speculation. It is, in addition, a request that we consider matters outside the record on appeal.